The Concept of Group Rights in International Law: Groups as Contested Right-Holders, Subjects and Legal Persons: 41 (The Raoul Wallenberg Institute Human Rights Library, 41) - Hardcover

Bisaz, Corsin

Hardcover

ISBN 10: 9004228705 ISBN 13: 9789004228702

Publisher: Martinus Nijhoff, 2012

Synopsis

The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.

About this title

About the Author

Corsin Bisaz, Dr.iur. | lic.phil. is a Senior Researcher at the Centre for Research on Direct Democracy of the University of Zurich.

Edition details

• Publisher: Martinus Nijhoff
• Publication date: 2012
• Language: English
• ISBN 10: 9004228705
• ISBN 13: 9789004228702
• Binding: Hardcover
• Number of pages: 258